The Sun.
London, England, 1840-01-07 00:00:00

while Lieutenant Grey says that, without receiving any
orders from the Mayor, he gave the word to his men to
load and ire; beeauee he found the time had come when
it 'a3 nccessary to de so. I mention this diff2rence, bee
cause it tiiceis hoW necessary it is; when a matter comes to
nieatien iiiitirtseldh, Ee lii atitititie what degree of weight
is to be attached to them. Here are two gentlemen upon
whose truth no imputation can be cast ; but they differ as
to tne window. The Mayor is probably right, for he wee
wounded, and his reeollection would, therefore, be more
likely to be correct. They differ both as to the window;
the order to are, and time of firing. The Mayor is pro-
bably right, because he says he heard ahota, and felt his
hand numbed ; and on looking at his arm he found he was
wounded; he was also wounded in the hip—that the
wound in his hip was caused by a ball, and that in the
arm by a slug, and that ho tag shot in the act of opening
the shutters. Captain Grey's evidence as to the time and
other particulars ; while Sir Thomas Phillips expressly
states that he and the sergeant were wounded in the ant of
opening the shutters, and then the solders fired. Gen-
tlemen, there was ne fire returned—there could have
been none ; for if there had been it must have been fatal.
A shot going into that room, with thirty persons in
it could, by no providential possibility, have escaped at
least doing somebody much grievous injury. Gentlemen,
my Learned Friend near me (Mr. Kelly) tells me that I
have rather understated the matter. Gentlemen, I would
rather understate than overstate it, because I feel that the
cue, in this part, is plain and clear, and admits of my
keeping within the strictest limits of that which is per-
fectly true and accurate. I find the circumstances more
fully stated by the Mayor, He says*" I perceived that
the soldiers could not act on account of the lower abetters:
I observed that Captain Grey had opened one, and I
opened the other—nearer to the centre of the house"—so
that he places Captain Grey more to the left, near the
door. He then says, " I turned round and felt my hand
numbed, and on looking at my arm found that I was
wounded. The shot was fired from the outside as I was
in the act of opening the window shutters. I saw no
soldier before." Now it is quite plain that the circum-
stances belonging to this part of the case are these.
When Captain Grey, either being ordered by the Mayor,
or upon his own responsibility, considering that the period
had arrived, ordered his men to fire, and the men were
r preparing to obey the order and fire upon the mob,
Sir Thomas Phillips received the wound, from the
effects of which I regret to see he is still suffering. The
moment that Captain Grey opened the shutters the sol-
diers fired, and not a shot was fired into the room after-
wards. It is impossible it should, without being fatal or
highly injurious. I think therefore I may fairly say that
I have now disposed of an important point in the case, about
which I observed some of you, Gentlemen, evince con-
siderable anxiety to get at the truth; and, after the evi-
dence which has been stated and commented upon, I think
no man can doabt that the military arrived shortly before
the violence took place, and that the moment they pointed
their pieces to fire, that moment—that very instant—the
mob ran away, threw down their weapons, and no sort of
resistance was offered afterwards. Now, Gentlemen, with
respect to another fact of importance—the existence of
prisoners in custody. I had intended at one time to col-
lect all the evidence bearing upon this point, but the state-
ment of Sir Thomas Phillips is so clear that no man can
dot bt that from twelve o'clock, and forward from that
time, stragglers were brought in in custody, some of
whom were kept at the Westgate, and some sent to the
Union workhouse. These were prisoners, Chartists, persons
of whose confinement Mr. Frost and the others were aware,
and for whose liberation they were loud and vociferous at
the moment when they first went up. I believe, Gentle-
men, that I have made a note of the statement of one wit-
ness, to show how very wide of the truthi impressions may
be made. Daniel Evans says that the, moment the
crowd saw in the front a man falling they instantly dis-
persed, and that the soldiers fired from the room before
the shutters were opened. It is quite plain, Gentlemen,
that this can't be true, there is no doubt about it, but it
shows how impressions get abroad which have no founda-
tion in fact; and Waters, a witness who was examined very
early in the case, says that some hundred volleys were
fired. Now Captain Grey stated, from the best inform.
ation no doubt, that the soldiers on an average fired only
three cartridges each. How many they fired through the
window we do not know. Whether they fired twice I
very much doubt, as it appears they fired through the
dcor, for Captain Grey says that the mob advanced, and
they always faltered when they came to their dead body,
and then they received one fire. If this process was re-
peated often, it will easily account for tie expenditure of
ammunition which Captain Grey describes. I believe,
gentlemen, I have now gone over most of the evidence
which it is necessary for me to mention to you. The pe-
culiar features, or the general outline of the case, we do not
come here to deny. We are not here to deny that per-
sons were assembled in large numbers ; we do not deny
that they marched ; we do not deny that they were armed;
but we assert that the moment, the first moment, that the
military appeared, and there was any appearance that what
they were doing might be construed into treason, that in-
stant they all dispersed; not a man remained; the town
was cleared and quiet in the space of a very few minutes.
Gentlemen, I think it important that I should next call
your attention to the personal conduct of Mr. Frost about
that time, and during the whole of that day.
The Learned Gentleman here broke off, and requested
permission to rest for a few moments, as it was about the
hour when the Jury usually retired. Permission vans
granted by the Court, and the Judges and Jury retired
for refreshment.
At their return, Sir F. Pollock said—Gentlemen, I re-
sume the observations which I was ei easing to you, ex
preising, as I am bound to do, my /PM e of the kindues
an dulgenee which has been extended to me by my
Lords. Gentlemen, it appears to me extremely import-
ant that you should consider all the events of that day, and
that as a key to the explanation of them you should also
consider the personal conduct of gr. Frost himself on that
day immediately after the occurrence, before it, and perhaps,
part of the history and character of Mr. Frost, as residing
and carrying on business in the town of Newport. Mr.
Frost, gentlemen, as you have learned from the evidence,
was a tradesman in the town of Newport, and had been
many years. He had a wife, and, I think, five daughters
and one son living with him. He is a man of strong opi-
ni ons, and what is called a zealous Reformer. He took
a most active part—l deny not that it became him
so to do—when the Reform Bill was brought forward, in
keeping up the excitement or agitation which at that time
was considered lawful, proper, praise-worthy, and fit to
be especially rewarded. In conjunction with the present
Ma; or, Mr. Frost attended meetings, and took a conspi-
cuous part in urging forward the progress of Reforrri ;
and when, at the close of the year 18.341, the Municipal
Corporation Act was carried into effect, Mr. Frost was,
after a full investigation of all the circumstances of his
character and his past life—with the perfect knowledge,
I believe, that he had even been imprisoned for libel, a
misfortune which has occurred to him in common with
many persons of high consideration and importance, for
Cabinet Ministers, Members of Parliament, and Peers
of the realm, and others, have had the misfortune to be
imprisoned for libel—but with a full knowledge of that
circumstance, aid of Mr. Frost's character and conduct,
the Secretary of State for the Home Department recom-
mended hint for appointment by the then King as one
of the magistrates for the town of Newport. In that
situation he was active, zealous, impartial, and inde-
pendent; and he was finally removed from that station
under circumstances to which I do not mean further to ad-
vert than this, because he exhibited an uncompromising
and independent spirit, because he used language which I
du not mean to justify, nor do I mean to disparage in the
slightest degree the individual to whom it was addressed—
he was removed because he was desirous to carry his views
further than the Reform Bill sanctioned, and conducted
himself in a manner which I admit made it impossible for
a Secretary of State to continue him in the office. But
during every part of the struggles which terminated in the
Reform Act--if, indeed, they did terminate then--during
every part of that period his public and private life were
remarkable for great care and concern for human life—
for a disposition to keep the peace, and to protect those
with whom he politically differed from injury, of which a
signal instance is given in the evidence, in his instantly
releasing Brough and his companion Watkins, when they
were detained on the night of Sunday, the 3d of November.
I ti ust I am not irregular ; I believe I could show that I
am not, in stating that on one occasion, in one of
those fierce contentions which happened about the period
of the Reform Bill, Mr. Frost, on account of his known
character and influence, was sent for to protect the lives
of the Duke of Beaufort and Lord Granville Somerset,
whom a mob were pressing upon, and were alma: to drive
into the river. He instantly went to their rescue, and
preserved them from insult, and probably from much more
mischief ; and I believe he declined any particular expres-
sion of acknowledgment, observing that be differed from
them in political opinions, and had done nothing for them
which he should not have done for any fellow-subject, or
for any fellow-creature in existence. Gentlemen, Mr. Frost
became a Chartist, and in common with others, adopted
the opinions which are supposed to belong to that class of
men. I hardly know what is meant by a Chartist." Some
of the witnesses have spoken of " five articles ;" but, from
the intimations we find in the newspapers, it is clear the
Chartists carry their views beyond the Reform Act esta-
blished by Lord Grey's Government. The fire articles spo-
ken of are—" Universal Suffrage, Vote by Ballot, Annual
Parliaments, no Property Qualification," and, according to
some statements, "a better Distribution of Property," With
respect to the first four, Gentlemen, I do not agree with the
Chartists ; but upon these subjects their opinions are en-
tertained by many Members of Parliament of undoubted
respectability and integrity, ar d of considerable talent, and
--if it be true what I have heard on the subject--the
names of many are attached to a document, the avowed
object of which is to frame what is called the Charter
of the people, by expounding their principles on these
points. Gentlemen, I have abstained from mentioning
any name unconnected with the cause, from uttering any
observations which could give offence to any one who is
absent, or using my privilege--I ought to say, my duty—
so as to create any feeling of pain or uneasiness to any one
absent, and I am sure I shall fulfil the duty which I owe
to Mr. Frost better, and more to his entire satisfaction, if
I refrain from making any one remark which could create
a moment's pain with respect to any past conduct or
transaction. These Chartists, however, Gentlemen, it
must be admitted, stand at present in relation to the
present Constitution as it was established in 1832, just
as the advocates of Reform stood in relation to the
old Coestitutisea, which was remodelled ly the Reform
Act; and however I may differ from those who are called
Chartists in opinion, I must do them the justice to say that
Chartism so far is not treason, nor the assertion, the public
assertion of it, rebellion ; and I must go further, and say
that although I trust I shall never live to see the day, and
I trust that nobody in whom I take any interest will live
to see the day, fatal as I think it will be to the happiness,
the prosperity, and the well-being of this country, when
established, yet I must say that if
itthebseetphrei nceoinpfil,rsmed s shall
on, at any time, of the large masses
of the intelligence and numbers--if the strength and sinews
of the country, and the intelligence which controls that
strength, shall finally determine to adopt the Chartist
code, doubtless, Gentlemen, it will be adopted, and mere
wealth would, in my opinion, struggle against it in vain.
With respect to the other point which has been alluded to,
! the fifth—LSeveral persons near Sir F. Pollock here as-