The Sun.
London, England, 1840-01-08 00:00:00

there is a failure in substantiating any of the purposes said
to be entertained with a view to accomplish the ultimate
object of the prisoner; and I shall now go to show that it
was impossible those purposes could have been entertained,
and I shall first come to the important question of the at-
tack upon the soldiers. If the prisoner had the intention
of overturning the Government, and of dethroning our
youthful and beloved Sovereign, there can be no doubt
but that one of the first means that would be adopted for
attaining such lawless objects would be the disarming of
some of her Majesty's troops. According to my Leartn.d
Friend's opening the case they were to have attacked the
troops. The first observation I have to make upon this
part of the case is this, that it is exceedingly remarkable
that in that which is laid as an overt act in the indictment
that those persons intended to attack the troops, that the case
rests upon the evidence of some witness as to some state-
ment supposed to have been made by Mr. Frost, or by some
one else, as to attacking the troops ; and yet it is exceed-
ingly remarkable that, having, as it is said, this hostile
intention, that they should have passed by the poor-house
in which the troops were assembled, and yet that it never
entered into the contemplation of Mr. Frost, nor of any
one else, to attack, no, nor to mark :hem, nor to keep watch
upon them, nor to see whether they were likely to come
down and mingle in the affray? Is it not, than, wonder-
ful that when you have, as you do here, to try men for
their lives upon a charge, the very essence of which is that
they intended to do a certain thing, and yet, when you
come to look at the things which they actually have done,
you do not find that that particular thing with which they
were charged was even attempted. Upon looking at the
map you will see the poorhouse where the soldiers were,
excepting the few that had gone down to the Westgate.
There, then, you see these men passing by that which was
said to be their object. You see them passing it by, and
taking no notice of it.

The Chief Justice remarked that the poorhouse was
about 100 yards from where the mob were.

Mr. Kelly—And yet disc• ming the military was said to
be one of their first objects, and at the very first opportu-
tunity they pass by that objet:.
The jurors here retired for a •ime; upon their re-
turn,

Mr. Kelly continued by sayin -I was about to direct
your attention to the question, es it stands upon the evi
' dente, whether the prisoner at the bar, in concert with
others, had meditated an attack upon the military. It is a
very important question in this case, although it would not
be decisive against the prisoner if proved ; because he
might have intended to attack the military, he might af-
, terwards have attacked them, and destroyed every man in
the whole company, or in the whole regiment, still the
question would have remained between us, did he do all
that for the treasonable purpose stated in this indictment ?
If, therefore, the fact were proved, as I think I shall show
you it is distinctly disproved, the they either meditated an
attack upon the soldiery, or knowingly made an
attack on them, still you would have to consider what was
the object and the ultimate purpose and object of the at-
tack. Ido deny upon the evidence that there is any proof
that either the prisoner at the bar, or any one of that nu-
merous multitude that came down uoon Newport on the
4th November, for one moment of time ever had the se-
rious intention of making en attack upon the soldiers. I
deny it totally, wholly, and confidently, on the evidence.
My Learned Friend says that one of the objects of the pri-
soner was to attack the military, and I will show you by
and by how it is that his witnesses sustain the charge.
These men come down to the number of 6,000 or 10,000,
their first purpose being, as it is said, to attack the military.
Observe that Mr. Frost is an inhabitant of Newport, and
that is the place where the military were stationed ; and
yet, having such an intent upon his mind, he passes
within 100 yards of the place, and pays no attention to it;
he and the multitude march away from it I The whole of
them intending to attack the military I Why did he and
they do this ? De you believe the part of the evidence
upon this risk ? Why, even, if it were true that one of
the boys told Mr. Frost that a portion of the soldiers were
gone to the Westgate, was not that an additional induce-
ment to him to attack them, at a moment when their
forces were divided? Yeu will be told by the Solicitor-
General that you are to judge the intentions of the
prisoner from his acts. If you are to do so, then
are you to infer, from this large body of men
passing within one hundred yards of them, and yet not
attacking them, that they intended to attack them ? Recol-
lect, that if the contradictory evidence given upon this
point is sufficient to raise a doubt on your minds, you are
compelled to acquit the prisoner. If it is true that in all
insurrections, in all rebellions, in all revolutions, one of the
first acts done or compassed by those who take such things
into their meditation is, first to seize upon the military in
the neighbourhood of the spot in which the revolution or
rebellion is to break out, it is naturally then that the first
thing to be done would be to call witnesses who would at-
tempt to prove this. But, in the outset, I ask you, can it
be true ? It' the whole of the ten thousand persons intended
to attack the military, why did they pass the poorhouse,
in which were the military with diminished forces,? Now,
who is the first witness who spoke of attacking the
military? It is Ilarford, and he makes °Frost
declare that the first,thing he intended to do was to go
to the new poorhouse, and there take the soldiers
and their arms. This was said on the night of the
3d of November. This is used as evidence of a guilty
intent on the part of Frost, and you see him pass the
new poorhouse the next day and not attack the military.
In God's name, if he intended it, why did he not do it?
It is also said that he declared his intention to at-
tack powder-houses, and yet no powder-houses are
attacked. The only evidence we have upon this point is
the Attorney-General. From the testimony which Har-
ford-has given respecting himself, and from ha manifest
perjury, I ask you if you would find a verdict in a civil case
upon the evidence of a man like that ? You have next the
evidence of the man Hodges to show the same intent on the
part of Frost to attack the military, and while he tells
that story he introduces the story of a man with a glazed
hat saying that all the soldiers were Chartists, and had
their arms ready and were
,only waiting for the rioters to
come down. You find, then, in this case, that instead of
treason being made out by plain and distinct acts, it is at-
tempted to be proved against the prisoner, by a combination
of minute circumstances svkich arc brought together, in
order that by the mass, the prisoner may be over-
whelmed. And now let me remind you, that among the
witnesses which the Crown has thought proper, in the dis-
charge of its duty, and that the Government has sent for-
ward as worthy of,being adopted by a Jury of Englishmen,
there arc those to be found, those who have either sworn
falsely now, or who have sworn falsely on a former occasion.
You have had before you one of those admitting he swore
falsely, and yet that man is one of the witnesses, upon
whom the Attorney-General relies for a verdict, and re-
lying too upon whom, he calls upon you to take the life
of a fellow-creature. I think that my Learned Friends
would better have consulted their own character, and the
character of the Government they represented, if they had
abstained from calling upon such witnesses. What lis
their case so weak, so feeble, and so meagre, that they
yet to h theop e
dby Government
his
means
to
must rest it upon the testimony of an avowedly perjured
witness? Is their case to stand or to fall ? Is it to tun,
couldupo n ah witness
have
endanger the life of any Englishman upon such a charge
eprodthua produced ithiisin a
and
, shame
as this ? But I leave to my Learned Friend to deal with
owniris witness and his own witness's testimony as best
becomes his own honour and character. I tell it to you
fearlessly, and careless what remark my observation may
call forth, that it is not to the honour and it cannot he to
the credit of the Government that they should, on such
an occasion, have brought forward such a witness
as Hodges, even admitting that the charges of
treason would not be complete without him. They
knew before-hand all that this with ( Hodges) had sworn ;
they knew how contradictory was that swearing, and then
they brought forward the witness before you, obliged to
admit that he is a perjurer. Let my Learned Friend. an-
swer that as he thinks proper. The man admitted that he
had sworn falsely on a former day.. Supposing, then, that
the prisoner had been tried for his life on the evidence
that the prisoner gave, not to-day, but formerly—suppos-
ing that there had been a conviction, and that the prisoner
had thus been sent to his bloody grave by you. Suppos-
ing that this wretch afterwards admitted that he had de-
luded you by his perjuries, what must:not be the agonies and
the remorse you would have endured ? And yet this is
one of their choice witnesses I He is one of the seventy
on the back of the bill ; he is in the het of 230 delivered
to us ; he is amongst the thirty-nine examined ; yes, this
monster is one of these selected by them to hang the un-
fortunate man at the bar. But I cannot trust myself
with observations further on this part of the case. I
now come to the attack on the military at the West-
gate. It is plain that once the military were un-
masked, and that the mob were sure they were in
the `Westgate, that not a shot was fired at them. The
Mayor and Sergeant Daly were wounded when the shut-
ters were taken down. They were the only persons
wounded. None of the military received any injury once
they fired on the mob. The mob fled once they saw the
soldiers arrayed against them. And this is in accordance
with the evidence of Sergeant Daly and of all the wit-
nesses. What did the Attorney-General say, in opening
his case, upon this point? He said the soldiers were then
ordered to fire. "At this time the insurgents had gained
the various advances to the hou,e. They were in the
passage leading to the room in which the military were as-
sembled, and if the order to fire had not then been given
there is no reason to doubt that the military would have
all been massacred. The order, however, was speedily
and effectually discharged. The insurgents in the pass-
age were fired on, and several of them fell and were
killed. The shutters being all removed from the windows
the men directed their pieces through it, and thus had
command of the space in which the insurgents were drawn
up. They accordingly fired into the street, and several
of the insurgents were wounded and fell, and the others
were speedily dispersed." Does my Learned Friend
attempt to say that that mob returned the fire, or that
the mob offered the slightest resistance to the soldiers after
they were unmasked ? Nu ;he says Mr. Frost had not
been seen after the firing first began, and they fled in every
direction." This was the whole case before him, and it
was not till Lieutenant Gray was examined that any wit-
ness ever suggested that the mob might have fired on the
military in return, a d be without knowledge of the fact,
but merely because he seems not to have thought. it pos-
sible that an armed body of Englishmen would have re-
ceived the fire of troops without returning it. Now then,
Gentlemen, let us consider on what evidence rests the
statement that Mr. Frost was aware that there were sol-
diers at the Westgate at all ; yupon the testimony of
the two boys, a couple of idle lads, upon whose evidence
and whose intelligence, even if they meant to speak to the
best of their recollection the truth, no reliance is to be
placed. For I will show you, by referring to the uncon-
tradieted evidence, that it %yea impossible Mr. Frost could
be aware there were soldiers in she town at all. He knew
there were soldiers in the barracks, but lie could not know
there were soldiers in the town, since the soldiers were
not marched down to the Westgate until the very period
when he is represented as making the inquiry if there were
soldiers there, and the boy gives him the information
which I will show you it was impossible that he could haze
given. I shall not dwell upon this part of the evidence,
because it was time dies qf the Cros ao bring it home
cleerly against the prisoner, 'and 'lt is sufficient for the to
show you that the eeidence is- slidm as ought to raise a
reasonable doubt on your mind to entitle 'me to call 'on you

to give the prisoner the benefit of that doubt. Mr. Frost
could not kilow there wer, s„ls'esss
to induce him to meditate an attack on them, fOr the ma-
son 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 rriod, as near as possible, that Coles
tells Frost there were a dozen soldiers there, instead of
30, the real number; so that be could not have seen them,
nor could h s even have been told by any one in the town,
for he did not come from the town, but from Pilgwently,
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 witnesson 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 into:est 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-
matsity--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 personal 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 on 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 his 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, they 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-office 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 no
such mail. The ¶nail 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 Harford
and Hodges. 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 be 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, half-past 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
witnesses 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 ho 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 barn 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 misde-
meanour, and although the very attempt would be heavily,
severely, and grievously punished, it would not be high
treason, for that must be far some general object—the
subversion of the Government or to Compel either House
of Parliament to alter its measures. 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 I Blow up the
bridge ! Attack the military t 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 sympathy 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 those hapless men indicted any of the one hun-
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 produced 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 fled 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 say] 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 act ; 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 affect 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 and attention I have experienced, and
'God 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 be permitted to say any
thing after the Solicitor• General has addressed the Court.
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 tterney- Glenerel
said it would be a great convenience if the Court could
state how late they were likely to sit this (Waning, as the
Solicitor-General wou'd not be able to compress his obser-
vations within the usual time of adjournment.
The Chief Justice said he could not well answer the
question. Great inconvenience would arise if it should
be late to-morrow 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 -4miaful one. It is
one which, to consult the public safety, to do justice to the
country, to yogrselves, and to the prisoner, requires, not
that you ehmild'be driVen't6'the discharge of that duty by
appeals caleulatCd to shako your understanding, by ad=
dresses which, instead of being directed to the sound parts
of 3our minds, so a,s to enable you to perform, yew Gutty
with satisfact;,en to yontsekve4 upcfulnes4 IQ Itodeount—

.t..

and justice to the prisoner, are addressed in see}, a Tr?"-
...a. .b raz•
and to deprive you of your understanding. What is the
task which is thus thrown upon me? lam here not 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, but I have a
serious and important duty to perform, which I would
perform zealously and forbearinely but from which I dare
not shrink. I owe a duty to the country-1 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 distressin 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 ? Why 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 had 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,
the privileges 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 with
which they had to deal brought the case under the descrip-
tion of eharge with which he was indicted • and, besides
this, the issue of the proceedings, be it ;hat 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 they 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 that," 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 case 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 bad 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 ally 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 directif ns as to this.
from the Judges on the bench ; but it was necessary that
he should state his vier 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 had 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
become of the wive, and daughters 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 flesh and blood to suffer from that mob. What be-
came 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 meeting, 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 demanded 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.

THE MARKETS.-(YESTERDAY )

(From the London New Price Current of January 7.)
StifaAlt.—For West India Muscovadoes Sugar there
was a good demand last week from both grocers and re-
finers, the purchases for the three market days amounting
to 2,000 hhds, and tierces at prices fully equal to those paid
previous to the holidays ; for fine yellow descriptions how-
ever buyers were compelled to pay rather higher rates, the
supply being very small. St Lucia of low mid yellow
quality was disposed of at 60s 6d, Jamaica rather better
61s, with more colour 635, good 645, fine middling 67s to
683, very fine 70s, Dominica good grey 635, Demerara
good brown 583 per cwt.
This afternoon a good demand prevailed for both gro-
cery and refining purposes, notwithstseding the public
sales of Mauritius, the rates paid are fully equal to those
of Friday, and 6d above for good yellow descriptions.
Barbadian sold with animation Is above former rates for
good and fine, and 6d for other descriptions ; fine fetched
69. to 69s 6d, good SSBs to 68s 6d, mid to good mid liaa
6d to 673 6d, low mid 63s to 64s 6d per cwt.
REFlNED.—Refined goods have been in steady demand
and previous rates have been fully supported. Pieces at
former rates. Bastards above 50s have been disposed of
to a fair extent. For Treicle of common quality 32s has
been paid. Patent and the best old make have been dis-
posed of to a fair extent at 33s 6d to 35s per cwt For
Beaded Crushed Sugar, small parcels, at 34s 3d "a
34s 6d
for Pieces and Basttirds small parcels, at 22s to 26s for the
former, and 17s to 18s far the latter. Loaves 101bs at
37s 6d to 38s, and 1411 as at 36s to 87s per cwt.
To-day the Grocers bought sparingly of Refined goods;
and standard lumps were obtainable at 76s to 76s 61 per
cwt. Treacle of common quality, is much wanted at
32s : but the short supply checks business ; Patent and
the best old make sell steadily at our quotations ; Pieces
are in good demand ; Bonded crushed is riot to bo bought
under 34s 3d, but there is not much demand.
Mauaurtes.—This afternoon there was a good disposi-
tion evinced on the part of the Trade to purchase at the
public sales, which comprised 8,438 bags, the principal
part of which consisted of the new crop; the whole of which
were disposed of, and there was a fair competition amessest
the buyers: the prices paid were equal to those at last
week; fine yellow sold at 67s to 68s, midddiog to good
62s 6d to 66s ; strong coloury grey 679 to s?,B3s, very ord
brown 44s 6d to 455, middling to good 449 to 58s per cwt.
A small part of the above waa sulphur!, and sold rather
below the valuations.
EAST INDIA.—For Refinin% under Bond the merchants
have obtained rather IS'.gher prices; Manilla at 19s to
21s 6d for ordinar; 'orovvn and yellow ; Siam at 24s to 27s
for low and good middling white ; Java at 20s to 20s 6d
for ordinary brown, and 22s 6d to 23s 6d for low yellow
and grey. This afternoon Bengal was in good request,
and 2,111 a bags at public sale found free buyers at higher
prices ; good and fine white fetched 69s to 74s ; greyish,
65,s to Ws; wrong yellow, 67s 6d to 695; damps and
waffled, 603 to 72s 6d per cwt.
FoREIGN.—There has been no public sale of any kind,
and none is announced.
This afternoon Manilla and Java were in fair request by
private contract at the rates quoted above. 1,315 bags
from the Cape were put up to auction and sold at the full
value, viz, low and mid brown, lit 18s to 225, washed las
to 19s per cwt.
Coesee.--414tIsh Plantation has been less in demand,
and the sksserations by private contract have been very li-
mised • this is to be attributed to the large quantities of
East India and Cape, which have appeared, and still re-
main to be brought to publie sale, but the merchants •,,,ac
refused to reduce their pretensions for Clean see'
seasw
epage of tlse small stock, and prices
ed..
This afterasseils
Masks's, ' _re was little passing in the
me
Foreign
/rad- The home . prices underwent no variactsion•
s vt
purchase sparingly of East and \ India ; 1,900
j bags Java, 1,000 bags Pedang from the Cape, and 107

_.,s, in con-
-main as previously

EVENING

cick, ~orn to F-le -7;
J:l., •
ported, good pale greenish 75s a 75s 6d, good yellow 76s
a 775, bulked 73s a 745, sea damaged 683 a 745, there were
buyers of the whole rather under these rates ; Pedang was
nearly all taken in at 65s a 69s 6d for good greenish mixed
with blacks, excepting a few lots which sold at the lattet
figure, being its full value ; Jamaica sold at previous
rates, but there was little spirit in the biddings, good mid
went at 133 s a 1333 6d, mid 123 s a 123 s 6d, good and fine
ord 983 a 105 s, a few lots unclean, howeVee; were taken at
943 a 96s for good to fine ord.

OILS.—The transactions in pale Seal and Cod Oil have
been to a fair extent since our last report ; the former has
been disposed of currently at 311, and the latter at 291 to
29/ lOs per tun. In Southern there has not been much
business doing. Sperm is again higher; 1101 to 111/
paid for small parcels of first quality. Olive at previous
prices. Palm in, small parcels fetch 341 to 35/ 103 per tun.
TALLOW.—The rates previously established have been
supported for Petersburg yellow Candle on the spot; first
quality has fetched 48s 9d to 49,3 per cwt; for delivery in
the next three months, 48s 94. To-day there was more
business doing in RUssian Taillo,s, and the rates quoted
above were supported on the spot as well as for delivery,
at which the demand was very good.
SALTPETRE. —Rough has brought former rates : at auc-
tion 529 bags Calcutta of fine quality, refraction 24 per
cent fetched 25a 6d to 26s per cwt : the deliveries from the
warehouses have again been large. British Refined is
steady at 27s 6rl in hhds, and 283 in barrels.
Rust, BRANDY, AND HOLLAND& —There has not been
much passing in Jamaica Rum ; but the" merchants ask
previous rates ; for other descriptions there has been a
better demand, and the prices previously established have
been supported; 240 puns have been disposed of, 100
puns were strong Demerara 34 to 37 per cent over
proof, at 5s Id to 5s 2d. ; the remainder Leewards 12 to
15 per cent over proof, at 3s 9d to 3s 10d for proof
strength 3s 3d is asked : there are buyers to a fair extent
of all kinds rather under previous rates; but to this the
merchants are not inclin4d to accede : no arrival since we
last wrote. For Brandy there has been only a limited de-
mand, at the following rates :-Ist brands of the vintage
of 1836 at 4s lld to 5s ; 1837, 4s 9d to 4s lld ; 1838,
4s 5d to 4s 7d ; Bordeaux, 23 Id to 2s 8(1 per gallon.
Geneva has been disposed of to a fair extent, at /s Id to
2s 2d per gallon. British Corn Spirits have secured a
fair sale at the rates quoted.
TEA:—The Monthly Tea sales consisting of 03,100
packages, or 6,740,200 lbs commenced yesterday, and
were well attended. The following are the prices
paid :—Con.:ou but mid rather coarse and old 2s 4d,
but mid rather blackish leaf 2s 44-d, but mid eves blackish
leaf and rather old 2s 4id to 2s 44d, but mid blackish leaf
rather coarse and strong 2 , 54d to 2s flid ; Twankay
but mid even rather brightish leaf 2s 6d to 2s 64d,
but mid 2a 5d to 2s kid ; Orange Pekoe good fresh
and burnt largish wiry leaf 2a 9 d ; Gunpowder and mid
pale small brightish leaf 4s 6d, good mid 4s Bfd to 4s 9d ;
Young Hyson good brightish leaf 5s 2d to bs 3d ; Hyson
mid rather strong little burnt 3s 6d; Souchong mid rather
strong 2s 9d per lb. Company's Congous are held for
2a 3d money, and 2s 4fd to 2s bd with a prompt, bat
there are few buyers. The deliveries of Tea last week
amounted to 800,000 lbs.

To-day them was an increased disinclination manifested
on the part 'of the trade to purchase Tea at the public saki,
and the demand was extremely limited for all kinds ?,
twenty-eight thousand packages which passed the ste,e the
small quantity only of 1,800 pkgs found buyers at tF.e rates
of yeQterday ; the remain& r was taken 'n and wi'chdrawn,
the merchants not being willing to submit to s.nyifurther
reduction ; still without news from Canton, and to this
may be ascribed the dullness in the trade. Common Con-
goys sold at 2s 3d to 2s 3id.

IRISti
DUBLIN MARKET NOTE for int> ,4'EEI4: ending JAN, 3

42 0

40 10

r row
• 870 Wheat,per barrel moue.._... f 3 0
U Bere . lO LI •,e
150 Barley
1;82 Oats ll I.
.1 Maur, per cwt. stone."... • 11
0J; Oatmeal 8 stone l5
Sold to Bakers only. .
6,281 Cwt. flour tii 1, 1 ‘2/ 4
Average price 'Wheat and Pour 65e ad, per sack.
• r• 9(1.
Receipts of Flour, 11,7t3 seco.uie irT trnm 15,•. ch Od to 206
h. 25.. Sales of Do. 18,002 1.1.,i;d„, od to 13s
Pr.lclt Or BR AD.
Quarterr. $ H2ll Qututern
CORK MARKETS.—JAN 4
Wheat (per Inst.)l6s Od. to 41S. Oats (per t-..t.s „,,, is . 14.3. 3(1
Barley (per Irist.) 7 6 21 0 'Flour :t.er `, .11:. 1;
Oatmeal (per cwt.)...
Beef, 4d. to 7,l—Mutton, trit3.l..—Vc.a.4 44 to Pork, 410. to 5d.--Fresh Butte', 10u. to Id.
Palc co BOrtgli.
•
'l%-, the Merchants. Tc the Courts.
firgt Quality ... ...... .
••••••••••••se.•.••
Second

20 t:
Lf3

lb 0

17 4

53
~ 444444444444 •••••••0111 52 .....,,,,,, ~...,, ,
CLONMELL NIA Ith.E'ISo—JAN 4
Pe, (wt.
s. d. s. d. .„ .1 .4. tt.
New Butter .•..•w...50 oto 90 0 1 ltdee (raw).......... to to 24 4.)
Oatmeal l2 0 12 3; 8ac0nP1g5......-....36 C 40 P
Rentierea Lard 0 52 1J ! i1ead5..................26 4, ..., 0
Per P.a...
tiour, Second 0 44 .' Iltour,l'hada 0 4.1? 6 Household...— 4? 42 0 1-- Fteurstsa Al 5. 0 ..... .
Per Etsarel.
t. 14, 0
ame-ed--••• ..........
0 T.- gI 8 rte
1 ...7.7 ".. ..... l3
0 ... „
KILKENNY ItARK EIS.
u.r.eat3perbarrel)3os.oo..to37B. Ott.l Beef '.:.)er li-, ....... 03.00 to O.
Barley 20 022 0 / ft4t:t•rn ...., .4, -1, 6
...atS ii 0 14 6 1 Pork . •"."*"." . 4 0 0
....... .161...-
I,lour (per bag) 0Q 0 . 441 C •.
. a • o. 4.0 0 0 . -
Rutter (pet ewt.) 90 0 9. ' .FesFrh Butter ..... 0 0 1 0
Bacon Pigs 35 0 36 0 !Salt Ditto ..... .. 0 6 01'
Coals 1 0 1 2 Potatoes ;per 47) 012 6 3

Third
Fourth
Fifth ..
Sixth.

HAMBURG
GR.
Wheat. Marks 433 to 45t.
Magdeburg 420 to 456
Anhalt, white 429 to 466
red
Brunsaick 426 to 462
- Mecklenburg 396 to 46.
Polish
Holstein VS to 1391
aye, Mecklenburg .... 225 to 2851
- Dantzic
- Elbing and Ko-

MARKETS.
AIN.

nigsburg -
23! to 276,
Upland
__Riga

C
Carolina and Tennessee 74t0 O
9%T1
Georgia, Ist sort ::i% 9.,4 1
2d... !,,i, SS, j
3d and 4th 6 7i,,
....1
Mocha . . .......... ...... l3 to 133
Batavia 5,4 6%i
Sumatra
Rio
Bahia n, 54
SUGAR.—(Wit
liavannah, White .....„. 6%t0 P.%
Brown 5,i4 6%
Rio, White • 5.., 6
Brown
Manilla, Brov

Barley, Mecklenburgh 204 to 240
Magdeburgh to
-- Holstein 204 to 240
Summer -186. to 19e
oats, Elder . .....
Mecklenburg ... 156 to 163
-- Holstein 132 to 165
Elst Friesland ll5 to'i:js
Poase, Mecklenburg
Beans ...
Buck Wheat ............. 174 to 192
Rapeseed, Aanover 30(1 to 396
t
Tares
to
'ON,
Maranham '13% toB3,
Madras 5% Chi
•Surats 6% 0
Domingo ..•
••
FEE.

Domingo 5% to 5%
Lei Guayr3 5% 6%
Porto Rico. ............ 6 6%
Havannah ..................5 6N
8% Discount.)
Bahia, White ..... 5% to 7%
Perßrown . .......... 5% 5
na
mbuco, White ...5% 7X4
Brown ...5 53‘

'N S% t c

Patronised by their Majesties the King and
Queen of Hanover, and their Royal Highnesses the
Princesses Augusta and Sophia, her Serene Highness
the Princess Esterhazy, the Princesses Mary and Rosa,
her Grace the Dowager-Duchess of Bedford, and their
Graces the Dukes of Devonshire and Manchester. i'a
addition to the above distinguished patronace to Vae
newly-invented Spectacle Lenses and Invisible Opera-
tive Voice Conductor, the Messrs. S. and B. Sobimons,
opticians and aurists, 39, Albemarle street, Pie,cadill y,at
and 96, Cheapside, feel great pleasure
to st ate th
their valuable inventions have also gained the, sanction
and unqualified approbation of above four hundred of
the principal members of the medical proczssion ; as also
of numerous individuals of high disti:.4ction, who have
been greatly benefited by their use. 'lmmediately these
improved Spectacle Lenses are pleeed before extreme
imperfect vision, it is at once brol:,ght back to its natural
and original state, every objezt becomes clear and dis-
tinct,.and the most minuta particle is seen, either by
day or candlelight, w;.th ease and distinctness. Theis
Voice Conductor, 'ay which thousands of deaf perscros
have been greatly benefited are not the least p er-
ceptible, nor' m.arc unconifoqable, than having a Viee6
of wool in it:z. place, and ."tie' faintest whisper at a r.ublic
assembly is, heard with exact distinctness.-39,, Alhe-
marle-strt::et, and 96, Cheapside. No travellers nor
agents ars-. employed.
rie new agitation has commenced ir.) good ear-
nest, and the worst feature in the case is, that the rash:
uess and downright folly of a number of the Tory ora-
, tars in England have placed their own party in a false
position, and have given O'Connell an the temporary ad-
vantages derivable from professions of loyal devotion to
the Queen, the Monarch, and the Constitution--Bel-
fizst News Letter.
RURAL POLICE (DERBYSHIRE).-The adop
tion of the new force was negatived by a majority of
three. Fifty-five voted.

~..,.. GOLD WATCHES, £7. 7s. each. Highly-
finished Horizontal Gold Watches, jewelled in four holesith
, w
enamel dial, hand to mark the serynnis, &c. Seven Guinea
each. These elegant little Watches will be found excellens
time-keepers, and a printed warraNty is given with fixed term
on which they will always receivf, rzty attention required.
T. COX SAVORY,
watelitnakar, Jewelle,r and Silversmith, 47, Cornhill (Seven
doors from Grace&aurch-street), London.
N.B. Second-hand Witches purchased in exchange.
_______________
PL A TE.—A:. B. SAVORY and SONS,
Manufacturing Silxersmiths, No. 14, Cornhill, (opposite the
Bank of England), offer the best rid* SHELL-BORDERED
SILVER WAITERS, of every size, with plain centres, at Ss.
per ounce, Sr with chased centres; at Ss. lid. per suns,.
Price, with Chased Centres.
Diameter. Oz. X. a. d
A round .-
A round Silver Waiter, with shell border; 1) 17 •1 0
liver Waiter, With shell border. Sin. 12 at as. 64. 5 14 •
A round Silver Waiter, With shell border, lo 'AI 91• 5
A round Silver Waiter,withshellborder, with shell border, 12 30 15 5 •
A, round Silver Waiter,
shell border, 15 42 11/ 19 II
round Silver Waiter,
with shell border, 1$ alt 45 17 IP
A round Silver Waiter', with shell border, 111 124 58 IS •
sive, contain a large and choice selection •f Silver Plate,
The Plate rooms of this Establishment, which Cr. exten-
Plated Goods, arid every article requisite to complete a 13ser-
vice. List of Prices gratis. A. B. Savory and Sons, Manu-
facturing Silversmiths, No. 14, Cornhill, London, opposite the
Bank of England.

fiih'TfiS.
On the sth inst., in Henrietta-5V eeet, Covent-garden, Mrs.
W. Wardell, of a aughter.
lady
On
of the Rev. the ath inC.st.,
AL Long, of at the Reet,ory, Whitchurch, Salop, the
a ton.

Ond
R theobert ith inq., a /1111
Alfre t James's Church, Westminster,
Esq., .13th Light Dragoons, to Elizabeth,
eldest daughtr,r of John Ar.ercer, Esq., Maidstone, Kent.

D iED.
On the 3d inst., in Sackville-street, Colonel William Gordon
Macgregor, Inspecting Field-officer of the London district.
On the 6th inst., Henry, the youngest son of Richard Jack-
son, Esq., of Charlea-street, St. James's-square, aged 24.

London: Printed and Pubisbed by ATURDO YOUNG, of
IN, 112, strand, at The Sun 01Hee, No. 11'2, Strand, in the
county of Aliddiesex.—Wednesday, January 8, 1840.