The Sun.
London, England, 1840-03-19 00:00:00

ASSIZE INTELLIGENCE.

NOR 7 HERN CIRCUIT.—YORK, MARCH 16.
SHEFFIELD RIOTS.
Samuel Holberry, homes Booker, William Booker, and
James Duffy, were put to the bar to take their trial on an in-
dictment which charged them with unlawfully conspiring and
procuring arms for the purpose of unlawfully disturbing the
public peace, and with the unlawful design to attack and take
I
possession of the Town-hall of Sheffield, and the Tontine nn,
with intent to create terror and alarm in the minds of her
Majesty's subjects.
Sir John Campbell, her Majesty's Attorney-General, cat"
down to conduct the prosecution, and was assisted by Mr. Ser-
geant Atcherley and Mr. Wightman.
Sir G. Lewin defended Duffy, Mr. Watson Holberry, I‘ll4'
Mr. Murphy the two Bookers.
William Wells, a lad of 17 years of age, pleaded Guilty.
Mr. Wightman opened the indictment.
The ATTORNEY-GENERAL then rose and said—You have~
heard from Mr. Wightman that the defendants stand indicted
for a conspiracy to violate the law, to create insurrection, and
to disturb the public peace. It is an offence cf a grave nature,
and borders upon the highest crime known to the law of Eng-
land; I mean high treason. They had entered into a plan,
which, if they had carried it into effect, it would have subjected
them to a prosecution for high treason. Luckily their plan was
frustrated. Two were committed for that crime. I and el
learned friends thought the ends of justice did not require that
the prosecution should be in this shape, and I hope not t 0 be
blamed by the public for its relinquishment. This indict:ooe
was prepared against five persons. William Wells has pleaded
guilty, That is not to prejudice the cases of the others, but
shall lay before you e eidence that will not leave the smallest doubt,
as to them also There was in Sheffield a society established eallvi
Chartists, perhaps innocent at first, but by and bye, deluded b'
designing men, they were determined to carry their plans into'
effect by force. They formed themselves into classes, ear
class had a leader, who was to conduct those under him• irt
the beginning of January they formed a plan, and prepare,
arms to take possession of the Town.-hall, the Tontine Inn, and"
to fortify them against the military. The time fixed was
evoning of the 12th of January. The class leaders were le
bring their men, and they were to carry their design into e3C!;.
cation. If defeated in that project, they we,-e to set fire to the.
town. The Magistrates became informed thOt a plot was °..
foot, and took measures and employed the militarY on atra'
day night. Happily for him, olberry was arrested. Some'
of the men came cut, but were dispersed, and the ringleaders wiicri
taken into custody. If there was such a plot, the corpus de.,(kr
will be established. I thought that they might, when l'he„,l3Thil,
course was adopted, have followed the example of " e",,
but they have a right to defend themselves against the a .ectil
tion if they choose. Now, with regard to Holberry, he w'as'
may say, the contriver of the scheme. He was arrested
Saturday night in bed with his clothes on, except his shoes, al.'"
he entered freely into a conversation which
goes to p
whole case. A dagger was found in his bosom. In his
the
his house
'
a loaded pistol, twelve hand-grenades, torches, balls, and a
variety of other offensive articles. Booker, the elder, was out
that night, and arrested near Crook's Moor ; and near the
place was found a great quantity of arms of a similar description.
William Booker, his son, was arrested between four and five
o'clock the same morning at his father's house. In the house
were found a pike, an apron, containing iron cats, a dangerous
weapon of four prongs, which, however thrown, always pre-
sents a prong upwards for annoying cavalry, two guns and two
loaded pistols, 391 ball cartridges, two loaded shells nine inches
in diameter, and other articles. Duffy was a leader of enet
of the classes. He joined in the plan, and brought his roe°
up that night, but was not so alert as was expected. He is ara
Irishman, and was to have assembled a number of his country--
men. I shall prove the case by witnesses against whom no
putation can be cast; I shall also call two accomplices, who vat'
doubtless be cross-examined by my Learned Friends, and wile
were implicated and did join in it. How can the details of.!
transaction like this be developed without them ? There vil°'
be abundant evidence to corroborate this, and I am rather sari' 1
prised that they put us to the trouble to prove the case agah":
them. They have a right to do so, I see no defence, unlew
they were to say that they were guilty not of a misdemeen°.:r
but of high treason. If that should be the case, it will be I°`"
duty to acquit them, but it will be mine, as public prosecutors
to indict them for that crime. I have done my duty, and
have no doubt, Gentlemen of the Jury, that you will do yours-
The Learned Counsel then called a number of witnesscef
whose evidence did not materially differ from that given before
the Magistrates, and which has been published in all the PaPerg'r
Sir G. LEWIN then rose and addressed the jury on behalf °,
Duffy. He hoped they would take care to keep the cases.:
the prisoners separate. The only evidence almost against be
was that of the two accomplices, to which little credit
given under such circumstances as the present. When a/" it,
ness had so little regard for an oath, and such notions PI
authority, they had great motives to bear false testimony:, 2"."0
which they might hope to screen themselves, and to crirrilas‘
others.
Mr. WATSON next addressed the jury for Holberry. 111
said he had to complain of the opening of his Learned Frien
the Attorney-General, who seemed to assume the guilt of the
defendant, and stated that there could be no doubt of it. ge
thought if the case pointed to anything it was to high treason'
and he knew that he could not convict for that. The only evi-
dence against his client was the accomplices (and they were
riot much to believed), unless the weapons were to be cord`
dered such. All these pointed to the mysterious Frenehmaos
who had so suddenly disappeared, and he hoped that the jut/
would acquit the prisoner.
Mr. 'Unaptly then addressed the Jury for the two Bookers'
and contended that there was no such confirmatory evidence
against them as was
GEsufficient to produce a conviction.
TORNEY•NER.AL replied at considerable 1001'1;
a very masterly speech, pointing out the force of the evidell„"
against the different parties. His address occupied about
hour and a half.
The Learned JUDGE then summed up the evidence at eery-
siderable length, explaining to the Jury the law of conspirae_,fr
and wherein the use of unlawful and physical force differed fr°"'
that fair and free discussion which was the birthright of every
Englishman, and read some extracts from the judgment of Londe
Tenterden, in the case of Thistlewood, as to the nature of theh
confirmation required to give weight to the evidence of t
accom
The lices. . est
Jury immediately returned a verdict of Guilty eg-nose
all the prisoners. Sentence was deferred, and the o,.`art
at half-past ten o'clock.
TUESDAY, MARCH 17.
THE QUEEN AGAINST YEA ROCS O'CONNOR.
rhtra
This was an indictment for a seditious libel in the leer-
ducted Th e
his
Attorney-General,
defencee y - Gi
ne npeerras 10, n Mr.,an d
Star.
Sthe
erjceaasnet
excited Atcherley, and !is;
The ATTORNEY. GENERAL said the libel complained °
Wightman, conducted the prosecution ; Mr. O'Connor c°
great interwar
turbance of the peace, and insecurity or 'property. Free cligcui;
of a grievous nature, tending to produce insurrection, the
sion was the birthright of Englishmen, but -no Governoiee
could, consistently with its duty to the
subject, allow publications which excited to the coinmissl°:l;
crime to go on with impunity. The libel in 1:1"5j3-qh
was in two aumbers of the Northern Star of thee -Air
and 20th of July last. The first was a Generali
O'Connor, which the Learned Attorney
Fundert;co-
-
camei g, security and peace ?f tber
ceeded to read. One article was headed " Rochdale Deem(
in dhuerldingatthethperocteheedaitnrges,inanßd oneihaddealae.ep;o-.1
ch
dative to the proceedings at Birmingham. He said thpest
pie were put down by physical force, and advised them to rend
it by the same means : that cartridges shells, and pikes sh°°ol,
be prepared ; and spoke of himself as having given an ilePfher
to the doctrines of Chartism by the Northern Star. w.
article was upon the subject of the arrest of Dr. Taylor at
castle, and the disturbances in that town.
The libel was put in and proved in the usual way. te en-
Mr. O'Connor addressed the Jury in his defence. l'eelead..
deavoured to show, from a variety of quotations from the
on.,
ing articles cf the Northern Star, that he had always heeurtoa
posed to the doctrine of physical force. He digreseeue
f the
oreat many other topics relative to the government, ts
of
'i.lrhigs, the Attorney-General himself, and Mr. Nu"
Birmingham.
The ATTORNEY-GENERAL replied, and
His LORDSHIP summed up the case, when
ned a *et-
The Jury retired for about ten minutes, and retur
diet of
A Guilty. •udgmentther
'
ATTORNEY .GENERAL p ano
rayed immediate .1
but his Lordship declined to pass sentence, there beiog ,
prosecution Joseph Cl ay againston,t
John the defendant at L Thomas oolPenthorpe,thaeln
Joseph Bennison pleaded guilty to an indictment charging;
rb the
with a seditious conspiracy to procure arms and dist?_nuary
public peace in the town of Sheffield, on the 12th of Ja
last. Joseph
Robert Cox, Geo-ge Gullimore, James Bartholomew,edieted
Ungard, Thomas fowls, and Joshua Clayford were
for being present at a riotous and tumultuous assembly'?
euitioue
field, armed with
William Martin was convicted of uttering certain s Cbsrt
words at Sheffield, on the Bth of September last, in the :4,l.eat
pikes, &c., on the 12th of September
ist lodge-room, in Figtree.lane. The words contained ae.7OL„, a
et. Meg t:tra vkh.) v.,oll‘l44;rred.
warrant against any of the Chartists. Sentences were
—ewe"'