The Sun.
London, England, 1840-01-10 00:00:00

David Morri3, of Christchurch, farmer, rental above
200/., challenged for the prisoner.
William Thomas, of Goldcliff, fanner, rental 30/.,
challenged by the Crown.
James Leonard, of Mather, farmer,, rental upwards
of 4001. a year.

The juror, in answer to a question [tom Mr. Thomas;
admitted that. he had subscribed for a piece of plate for
Sir T. Phillips, and the Learned Counsel submitted
that this was a ground of objection to his serving.
Chief Justice Tindal—By .to means a sufficient
ground of challenge without further inquiry: As re-
garded the present case, who was Sir Thomas Phillips,
and what was this piece of plate ?
Mr. Thomas begged permission lo ask the juror one
or two questions more, but the Court ordered Mr. Leo-
nard to stand aside for the present;, and if the neces-
sity should arise, the objection could be argued.
Charles Williams, of Redwick, srmcr, freehold 101.
a year ; had riot subscribed for the piece of plate, chal-
lenged for the prisoner. The perem9tory challenges for
the prisoner were here exhausted.
I-I,mry Williams, of Abcrgavonny, shoemaker, free-
hold of 30/. sworn.

........ .__.
Lewis Williams, of Redwick, famer, rental above

501. sworn.

John Watkins, of Abcrgavenny, o.onfectioner, rated
at upwards of 201. challenged by the Crown.
John Jones, of Abergavenny, grocer,sental 7.51. sworn.
Zephaniah Williams was then given in charge to the
Jury, and the substance of the indiement read to them
by tte dicer of the Court.
Mr. Talbot having opened the case„

The Solicitor-General rose and said, in his address to
the Jury, that although the indictment did not contain
what was necessary to acquaint theist with the parti-
ulars of the transaction, yet it stetted sufficient to in-
form them that they were now enga:ed in one of the
most important inquiries that could be instituted in a ci-
vilized community. The prisoner was: indicted for high
treason—a crime which goes to the safety of the so-
ciety in which we move ; to the existence of the
constitution and the form of governm eat under which
we live ; and the preservation of which is necesssary to
our liberties and our happiness. Living, as the Jury did
in this part of the world, they could not fail to have heard
of the excitement which had prevaihed for some time .
back, and the associations which hard been formed for
the diffusion of certain political te:oets. On the oc-
casion into which they were now about to inquire, a
number of persons were found breaking into a house in
in the town of Newport, using arms to the injury of
the parsons and property of the inhabitant's of the
town, entering into a conflict with the tnilitary,in which
several of themselves were killed, the Mayor of the
town and a sergeant of a regiment in her Majesty's
service were severely wounded : and this attack made
by such a number of persons as to overawe and ter-
' rift' the inhabitants, with a view to get forcible posses-
sion of the town, which was to be a signal to other
parts of the country, and with the ultimate design of
superseding the authority of the Queen and the Go-
vernment, taking the dominion into their own hands,
and making such alterations is the constitution and
laws of the country as they might think proper. Con-
sidering the nature of the district in which these trans-
actions occurred—considering that the population in
certain parts of that district was very extensive and
numerous, the men very powerfel. and, to a great
extent, very uninformed—the J:ury would readily
conceive . that it was of the highest import-
ance that no time should be lost when the out-
rage occurred in investigating its true nature and
character, and in endeavouring to bring to justice those
who were the authors and the cause of it. This was
necessary to the safety of the country, and the resto-
ration of that confidence in the protection o f the law
and the Government which must necessarily be brought.
into doubt, not only in this district lout throughout the
country generally, when an outrage of this kind could
he committed in the open day. :It was a mercy to
those who had been engaged in thee: transactions, and
to others who might possibly be tempted to engage in
emitter enterprises in future, that they should speedily
learn the extreme danger which they incurred by asso-
ciating with any such objects ; and, as such undertak-
ings could only be conducted by individuals of great
personal influence, it was necessary to bring them to
a speedy trial and judgment as a warning to others of
theusing
dangerous consequences of any influence
which they might possess to the. destruction of the
peace of society. It was this reason which occasioned
the Judges and the Jury to assemble out of the usual
routine of justice to prosecute this inquiry ; and the
Jury were now, after hearing the evidence, to pro-
nounce iipon the nature and character of these
transactions, and the part and share which the
prisoner had had in them. The Learned Solicitor-
General then described the manning of the three divi-
sions under the command of Frost, Williams, and Jones,
from the districts of Blackwood, Nantyglo, and Pon-
typool, and their arrangements to meet at the Welsh
'Oak, and to arrive at Newport by two o'clock on the
morning of Monday, the 4th of November ; their failure
to effect the intended junction, or to arsave at Newport
at the appointed time ; the utter impoesi:eility of resist-
ing them, if they had arrived at the specified hour ; or
of preserving the town, or preventing the stoppage of the
post, which was to have been the signal of the success of
the attack, and was to he followed by cot.‘tereporaneous
risings at Birmingham and other places tiwoughout the
country ; the arms with which they were provided the
alarm and consternation which their ultimate attack pro-
duced, and the measures of precaution which hat.l been
taken by the Mayor and other Magistrates in conse-
quence of the information received by them during the
night. He then explained the difference between An
outrage of a private or limited nature, however exten-
sive might be the mischief inflicted in the attempt to
compass it ; and a plan undertaken for sonic general
purpose, such as to supersede the authority of the So
vercign, to subvert the Constitution, and to compel an
alteration of the law—such as was charged against the
prisoner at the bar. This was high treason, and was what
was called in legal language a levying of war against the
Sovereign. The Jury would find that the prisoner was
active in making arrangements for this attempt. They
would find that when the body of men—he would not
call them a mob—for they did not advance in an irregu-
lar or disorderly manner, but in such regular array as
to create the greatest terror—and to give the greatest
effect to their measures of violence, if it should become
necessary—when they arrived at the Westgate Inn,
they demanded the surrender of some prisoners who
had been taken during the night, although some of the
special constables to whom the challenge was addressed
thought it was a demand to surrender themselves pri-
soners ; and they would find that before any answer
could he given the party began firing at the house, and
continued until they were subdued by the more regular
firing of the military. If they had set out with the in-
tention of rescuing certain prisoners, their conduct
would admit of explanation and qualification ; but the
Jury should observe that at the time they armed them-
selves, and marched, no prisoners had been taken, and
the design was to take the town by surprise. The de-
mand of the prisoners would be given as one of the
acts in prosecution of the general design, of the ex-
tent of which it would be a tolerably strong proof.
If their object was to take the town as a signal for
the spread of rebellion through other parts of
the country, the Jury would find that to be trea-
son, and a levying of war against the Queen in her
realm. They would not be surprised to find men
who meditated a hostile attack upon. a peace-
able town, using the words of peace, in order to
lull any suspicions which might defeat their ulti-
mate object ; but the jury would, judge of the since-
rity of such professions by the acts which followed. If
those were acts calculated to inspire the greatest terror,
and to instigate men to the most serious outrage, but
little reliance could be placed upon any mild or peaceful
language which might be uttered by the persons en-
gar.ed in such attempts. Nor was it at all material whe-
ther they possessed the means of effecting their purpose.
A mistake or miscalculation as to the amount of their
power or their resources by no means altered the nature
of the acts with which they were charged. The attempt
made on this occasion had no prospect whatever of sus-
ses beyond the distress and alarm, the mischief, ruin,
and probable murder, of which it was calculated to be the
source. The prisoner at the bar, being thus traced
from his own house, to the town of Newport, and
this being coupled with his own declarations in the
course of the march, presented to the jury that
evidence on which they would have to decide, whe-
ther or not the charge made in the indictment was
sustained. If it appeared that the laws, the public
peace, and the safety of the public were thus at-
tacked by the prisoner at the bar, by the means
which had been stated, then would the jury, in the
course of their duty, be obliged to find the prisoner
guilty. The charge, however, was a most serious one.
The evidence to be laid before them must be strong and
convincing to their understandings, before they could
declare that-the prisoner was guilty of the crime im-
puted to him. If they were not convinced, it would be
the height of injustice not to find a verdict of acquittal ;
but if on the other, hand, their understandings were
convinced by the means he bad stated, then he eras
sure that the jurors would not flinch from doing theis
duty ; but return a verdict consistent withthesenaintee
nance of the public peace. They were tojudge of the
in
evidence ; the case was not at all involved difficulties,
in proportion to the importance of the matter it: pre-
sented. If the witnesses acre at all entitled to credit,
there could be no doubt that high treason had been
committed, and that the prisoner at the bar was one
of those engaged in that object. It mattered not, if
in the
could j encott,
dots
then
samee
several were enraged
a
part which each took—
thing to promote the same object ; but he who stood
at a distance. !13 well as he who partook in the af
fray, was alike guilty. Where. men bound them-
selves to accomplish the one object, each acted his
part each conduced t? the common object, and
partook in the common guilt. Mr. Frost, who proceeded
to the Westgate Inn, and the men who fired the shots,'
were not mare guilty than the prisoner at the bar,
who marched up with the view of aiding and assisting
then. The (16:fence would show the acts and declara-
tion sof the prisoner, and of those who were pi osecuting