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

61.4 iostice to the prisoner, are addressed in such a man-
ner as to harem your feelings, distract and embarrass you,
and to deprive yen of your understanding. What is the
task which is thus thfown upon me? iam here net as
the enemy of that man, or with any angry or unkind feel-
ing towards him. God forbid that I should hurt a hair of
his head beyond what the law requires, hut I have a
serious and important duty to perform, which I would
perform zealously and forbearingly but from which I dare
not shrink. I owe a duty to the country--I owe a duty
to my Lords—l owe a duty to you, Gentiemen, and
I owe a duty to the prisoner at the bar. What the
Learned Gentleman has just addressed to you has not only
made that duty most distrcssin r, but almost incapacitated
me from performing it. Why should Ibe driven to appeals
which ought never be made ; which are inconsistent with
justice and irreconcilable with public safety ? Wby should
you be asked what would be your feelings if you were to
meet the widows or orphans of the men murdered on the
4th of November? Are there no widows or orphans but
those whom the Learned Gentleman has presented to your
notice ? Nay, Gentlemen, will not yourselves leave
widows and• orphans, if ycu have not the manliness to
perform your duty in the great hour of peril ? Mercy is
a delightful attribute, but God forbid we should forget
justice, for if we abandon justice mercy must soon
flee. I little expected that my Learned Friend the
Attorney-General and myself should be represented
as doing what would be little else than putting
a knife in that man's heart, and sacrificing his life
with the lives of fifteen others. Gentlemen, it has been
said that this is a Crown prosecution. My old and valued
friend (Sir F. Pollock) made some observation which ex-
cited my surprise. But I know that it was only a passing
shade, and the heat of expression excited by the sense of
the deep and responsible duty he had to perform ; and in a
subsequent part of his address he satisfied me of the cor-
rectness of that expression, for he admitted that the Crown
had a duty to perform from which it could not be absolved.
A great deal bad been said about this being a Crown prose-
cution for high treason; but the nature of such a prosecution
gave the prisoner tenfold advantages over those he would
have under any other form—as regarded lists of witnesses,
theprivileges of Counsel, and other matters which the Jury
must have observed—and the prosecution could never have
been adopted with a wish to deal with severity towards the
prisoner, but because the character of the transaction will'
which they had to deal brought the case under the descrip-
tion of charge with which he was indicted ; and, besides
this, the issue of the proceedings, be it what it might,
would tend as well to excite the vigilance of the deluded
as to warn the deluders that the crimes of which they were
accused went to the destruction of the constitution, the
peace and safety of England, and came within the descrip-
tion of the charge which tbey had now to try. They had
heard much of the power of the Crown in those cases; but
he knew of none which it had which were not possessed by
every private prosecutor, and it merely represented the
public peace and public safety, and the feelings of any
faction would be put down long ere the Crown could be
affected. He would not indulge in expressions of " bloody
this and bloody teat," as the Learned Gentleman on the
part of the prisoner had done; but he would say that
this was a prosecution arising out of an insurrection
and tumult, which had been attended with great danger.
On his own and his Learned Friend's part he desired.
to put the ease before them in a proper manner, and
when they had done their duty they would feel as much
sympathy for the prisoner as any other individuals, and
they would rejoice if, consistent, with their duty, the 'Jury
could acquit him. He trusted that they would not allow
the prisoner to suffer because of the course which had been
adopted by the Counsel for the defence, and the weakness'
which such a course generally showed. They had seen the
delusion which had been practised by these transactions
upon mon so ignorant that the object of it had to be trans-
lated into Welsh, and into whose hands arms had been put,
although they knew not for what purpose they were to
use them. This inquiry would teach them the risk they
ran in permitting themselves to be made blindly the tools
of their leaders, and would teach their leaders the lesson
that, despite their demonstrations, .the law still remained
in its vigour, and able to protect the peace of the community.
He agreed with Sir Frederick Pollock—he had no ob-
jection that they should keep before them the conse-
quences of a verdict of guilty upon the prisoner; but,
whilst they did not forget those that were near and dear
to him, they ought not to forget—they ought also to
regard those who were dear to them. He asked them to
consider the circumstances of the case calmly, and to do
their duty, unshaken by any feelings which were calcu-
lated to swerve them from it. He did not know that there
were any material points in the law of the case whereon
his Learned Friends and himself differed. The law, as
laid down by the Attorney-General, had not been excepted
to, and it had only been slightly qualified by Mr. Kelly.
The Jury. however, would take their dircctir ns as to this
from the Judges on the bench ; but it was necessary that
he should state his view of the case under the correction
of their Lordships, and of the law of it, and how
it applied itself to the facts. The charge against the
prisoner was that he prior to the 4th of November
believed that a large body of men in different parts
of • the country were prepared to rise in rebellion
throughout the country, and that one of the purposes for
which they were so to rise was for the purpose of seizing
on the.town of Newport, to prevent resistance if they could
by terror, and to overcome by force if it were necessary.
It was at Newport that the rebellion was to be begun.
What was done, in legal language, amounted to a levying
of war within the realm against the Queen. The Solici-
tor-General then proceeded to say that no man deplored
more than he did that which had happened in the front of
the Westgate, or the number of lives that had been lost;
but then he considered that what had happened had
saved hundreds of lives from being lost, for he was satis-
fied that if Captain Grey and the Mayor bad tampered
but for a few moments with that mob the consequence
would have been awful; it was the well-exercised appli-
cation of military power that he was sure had saved
the town and its inhabitants from more widows than
now. Had the mob gained but possession of the town, as
Mr. Frost hoped, they would have seen, what would have
h-come of the wives and clauglit,rs of the town ? If Mr.
Frost now called upon the Jury to look to his wife and
his daughters, he (the Solicitor-General) asked the Jury
what regard Mr. Frost should have for the wives and
daughters of others ? He indeed sought his own safety and
flight, and left the town abandoned to a lawless mob, who
" showed themselves in front." Mr. Frost left even his
own fttsh and blood to suffr from that snob, What be-
carne, of the town—what of his wife, and what of his fa-
mily, he knew not. The Solicitor, General then
proceeded to contend in very powerful language
that if the meetLg, which was convened for de-
scending on Newport, had not been for a treasonable
purpose, the prisoner would have found no difficulty in
calling witnesses to have proved it ; and that, notwith-
standing the protest of his counsel, the case raised against
him was such as to render it necessary to prove his inno-
cence, if he could do so And after referring: to the
doubts thrown on the evidence of the witness who spoke to
the declaration of Davis in the presence of Frost, and to
the doubt whether the insurgents denianded the special
constables to surrender themselves prisoners, or whether
they merely asked for their own prisoners, he said, as there
was a doubt, he should on the part of the Crown abandon
both points, and then asked permission of the ,Court, as he
was entering on a new part of the case, to conclude his
reply to-morrow.
The Court accordingly rose at twenty minuts past six.

•
By the usual official return published by the Cus-
toms, the exportation of the precious metals from the port of
London to foreign and colonial ports for the week ending the 2d
of January is as under:—
Ounces.
Silver coin to Singapore p0re....... 3,700
3,700
British West Indies ........ ... 800
Bars to Madras and Calcutta... ......... 19,209
ROBBERIES.-•.-13y a Monsieur Dufore, from
his lodgings, in Liverpool, the sum of 70/., viz.—two
201. Bank of England notes and 30 sovereigns ; also a
silver watch, maker's name Massey, London. He is
about forty-or forty-five years of age, and five feet seven
inches high ; has bushy whiskers and light eyes.--By
Allain de Drummond, late of Alfred place, Old Kent-
road, twelve or fourteen drawings, drawing-boards, pen-
cils, &c., value .51., the property of Thomas Cole,
5, Alfred-place.—On Friday, from the house, 17, Lisle-
street, Leicester-square, twelve silver table forks, marked
A. G. ; a gravy spoon, two table spoons, two salt spoons,
a milk ewer, and an old-fashioned milk ewer, all silver, and
marked A. M. G. ; two pairs of plated candlesticks, sil-
ver edges ; a pair of plated snuffers, and tray to match ;
a lady's gold neck chain, cable pattern ? a square filli-
gree gold ornament, set with garnets and pearls, and other
property.—On Tuesday, from the house of Mr. Dixon,
No. 31, Mornington-crescent, Hampstead-road, a tea-
pot, a coffee-pot, a cream-ewer, twenty-four table-s3oons,
twelve mounted table-knives, two soup-ladles, thirteen
tea-spoons, an asparagus nipper, two salts, a fish-knife,
a mustard-pot, a butter-knife, four salt-spoons, two kni fe-
rests, two skewers, twenty-four table-forks, and a rose-
water bowl—all silver, with crest a lien rampant ; a
pair of white cornelian earrings, a pair 'of gold earrings,
a gold ring, with hands across ; a gold ring, marked
G.S.M. ; a bracelet, with blue stone ; an amethyst
brooch, an amethyst pin, two gravy spoons, four sauce
ladles, four salt-spoons, and a mustard-spoon—all silver,
with crest a demi-lion rampant ; three chased gold
rings, a chased gold ring, with single diamond ;
a mourning ring, marked M.A.D. ; a pair of gold
earrings, harp pattern ; a pair of bracelets, set
with emeralds and rubies ; a pair of bracelets,
turquoise ; and a mosaic jewel, engraved on the back,
" Brother Thomas Dixon, Grand Steward."—On
Thursday night, between eight and nine, from 45, Frith-
street, Soho, a diamond ring, large stone, set in plain
gold ; a diamond ring, sin ll stone, set in'enamel ;
diamond ring, doub.e nalf-hoop, opens in the centre ; a
diamond rind, half-hoop, with three stones ; a diamond
ring, half-hoop, with three large stones ; a diamond or-
nament for the head, in the shape of a half moon, and it
large diamond drop att tched (can be used as a brooch) ;
a brooch in the shape of a &at, set with a quantity of
small diamonds ; a gold Geneva watch, silver dial,
chased on the back, and a flo.ver basket, with several
nall di !mond, set in it, and having also small rubif's set
round the edge of the case, and a gold guard-chain at-
tached, the property of David Gideon.
Few persons are aware that 100.000/. was
left to the University of Oxford by Alichael Angelo
Taylor, to build a picture gallery and lecture rooms cot- r
nected with science and arts. A dispute having arisen
between his relatives and the trustees respecting the
will, the latter, rather than ri-k a suit in Chancery, have
agreed to take 75,0001., and have begun clearing the
foundation for the building. 9
„ :hey have removed the
old houses at the corner of DeaUMOnt-street, St. Giles's,
nearly opposite St. John's College, which is the most
central they could meet with.
The Shah of Persia, according to a letter from
St. Petersburgh, has offered to the
Russian Govern-
ment escorts for all convoys of stores,
&e., crossing his
territories, for the expedition against the Khan of Chive.